The third is not superfluous: Yandex wants to participate in the dispute between Google and FAS as a third party
Representatives of Yandex are asking to include the company in a lawsuit between Google and the Federal Antimonopoly Service ( FAS ) as a third party. They sent the corresponding application to the Moscow Arbitration Court.
It follows from the statement that “Yandex” intends to become a party to the case, which does not declare independent claims on the subject of the dispute. But a third party may take the case on the side of the claimant or the defendant.
“Yandex” wants to participate in the consideration of this case, protect its interests, give explanations on the evidence that confirms “the illegal actions of Google, which violated our rights and interests,” explained the representative of Yandex Asya Melkumova. According to her, Yandex was the only applicant in the FAS case, and the evidence and numerous explanations provided by the Russian company concerned all the material circumstances of the case and were studied in detail during the proceedings.
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The European Commission has been investigating the Google Android case since 2013 on the basis of a complaint of the Fair Search Alliance, which unites Microsoft , Nokia , Oracle , Expedia , TripAdvisor, and others. In March 2015, Megamind wrote that Fair Search took the side of Yandex in conflict with Google.
On November 13, it became known that in April 2015, Yandex submitted its own application to the European Commission, becoming the prosecutor in a Google case. Since July 2014, the Russian company has collaborated with the European regulator as a witness.
At the end of December, the Moscow OFAS Russia Commission charged the Russian representative office of Google with violating the Advertising Act because of an advertisement in Google Adwords offering a driver's license, reported Megamind. The FAS inspected the user's complaint and, following the results of its investigation, found Google LLC violated paragraph 1 of Art. 7 of the current Law on Advertising.
On September 14, the Federal Anti-Monopoly Service declared Google a violator of anti-monopoly law.
FAS believes that Google is forcing mobile device manufacturers to pre-install applications from the Google Mobile Services package ( GMS ), to place the icons of these applications on the first screen of a mobile device. The company also requires you to select Google as the default search as a condition for installing the Google Play store. This store, in turn, is necessary for the operation of the Android operating system, also owned by Google.
According to the legislation of the Russian Federation, the violator of the law “On protection of competition” is threatened with a so-called negotiable fine. The amount of the fine may amount to 7% of the turnover of the online store of Google Play applications in Russia. This was announced by the head of the FAS Igor Artemyev.
FAS demanded from Google to eliminate the violation of the law "On Protection of Competition" until November 18. On November 9, Megamind wrote that FAS went to meet Google and extended the period by a month during which the company must eliminate the violation of the law.
However, the company filed a complaint with the FAS decision, which the Moscow Arbitration Court will consider only on January 25. Two legal entities filed claims against FAS - the American Google Inc and the European Google Ireland (payments from the Google Play application store pass through it). They ask the court to reverse the FAS decision regarding Google.
Yandex was the claimant in this case and he managed to win his complaint to the FAS, says Vitaly Dianov, head of anti-monopoly practice at Goltsblat BLP . It is in his interest to receive the status of a third party and to do everything in his power to ensure that this decision stands in court. The court is highly likely to satisfy the “Yandex” petition, especially if the FAS supports the admission of Yandex into the process, the lawyer sums up.
It follows from the statement that “Yandex” intends to become a party to the case, which does not declare independent claims on the subject of the dispute. But a third party may take the case on the side of the claimant or the defendant.
“Yandex” wants to participate in the consideration of this case, protect its interests, give explanations on the evidence that confirms “the illegal actions of Google, which violated our rights and interests,” explained the representative of Yandex Asya Melkumova. According to her, Yandex was the only applicant in the FAS case, and the evidence and numerous explanations provided by the Russian company concerned all the material circumstances of the case and were studied in detail during the proceedings.
')
The European Commission has been investigating the Google Android case since 2013 on the basis of a complaint of the Fair Search Alliance, which unites Microsoft , Nokia , Oracle , Expedia , TripAdvisor, and others. In March 2015, Megamind wrote that Fair Search took the side of Yandex in conflict with Google.
On November 13, it became known that in April 2015, Yandex submitted its own application to the European Commission, becoming the prosecutor in a Google case. Since July 2014, the Russian company has collaborated with the European regulator as a witness.
At the end of December, the Moscow OFAS Russia Commission charged the Russian representative office of Google with violating the Advertising Act because of an advertisement in Google Adwords offering a driver's license, reported Megamind. The FAS inspected the user's complaint and, following the results of its investigation, found Google LLC violated paragraph 1 of Art. 7 of the current Law on Advertising.
On September 14, the Federal Anti-Monopoly Service declared Google a violator of anti-monopoly law.
FAS believes that Google is forcing mobile device manufacturers to pre-install applications from the Google Mobile Services package ( GMS ), to place the icons of these applications on the first screen of a mobile device. The company also requires you to select Google as the default search as a condition for installing the Google Play store. This store, in turn, is necessary for the operation of the Android operating system, also owned by Google.
According to the legislation of the Russian Federation, the violator of the law “On protection of competition” is threatened with a so-called negotiable fine. The amount of the fine may amount to 7% of the turnover of the online store of Google Play applications in Russia. This was announced by the head of the FAS Igor Artemyev.
FAS demanded from Google to eliminate the violation of the law "On Protection of Competition" until November 18. On November 9, Megamind wrote that FAS went to meet Google and extended the period by a month during which the company must eliminate the violation of the law.
However, the company filed a complaint with the FAS decision, which the Moscow Arbitration Court will consider only on January 25. Two legal entities filed claims against FAS - the American Google Inc and the European Google Ireland (payments from the Google Play application store pass through it). They ask the court to reverse the FAS decision regarding Google.
Yandex was the claimant in this case and he managed to win his complaint to the FAS, says Vitaly Dianov, head of anti-monopoly practice at Goltsblat BLP . It is in his interest to receive the status of a third party and to do everything in his power to ensure that this decision stands in court. The court is highly likely to satisfy the “Yandex” petition, especially if the FAS supports the admission of Yandex into the process, the lawyer sums up.
Source: https://habr.com/ru/post/297946/
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